"Ye shall swear, that well and lawfully ye shall serve our lord the king
_and his people_, in the office of justice, and that lawfully ye shall
counsel the king in his business, and that ye shall not counsel nor
assent to anything which may turn him in damage or disherison in any
manner, way, or color. And that ye shall not know the damage or
disherison of him, whereof ye shall not cause him to be warned by
yourself, or by other; _and that ye shall do equal law and execution of
right to all his subjects, rich and poor, without having regard to any
person_. And that ye take not by yourself, or by other, privily nor
apertly, gift nor reward of gold nor silver, nor of any other thing that
may turn to your profit, unless it be meat or drink, and that of small
value, of any man that shall have any plea or process hanging before
you, as long as the same process shall be so hanging, nor after for the
same cause. And that ye take no fee, as long as ye shall be justice, nor
robe of any man great or small, but of the king himself. And that ye
give none advice or counsel to no man great or small, in no case where
the king is party. And in case that any, of what estate or condition
they be, come before you in your sessions with force and arms, or
otherwise against the peace, or against the form of the statute thereof
made, _to disturb execution of the common law_," (mark the term,
"_common law_,") "or to menace the people that they may not pursue the
law, that ye shall cause their bodies to be arrested and put in prison;
and in case they be such that ye cannot arrest them, that ye certify the
king of their names, and of their misprision, hastily, so that he may
thereof ordain a convenable remedy. And that ye by yourself, nor by
other, privily nor apertly, maintain any plea or quarrel hanging in the
king's court, or elsewhere in the country. _And that ye deny no man
common right by the king's letters, nor none other man's, nor for none
other cause; and in case any letters come to you contrary to the law,"
(that is, the "common law" before mentioned,) "that ye do nothing by
such letters, but certify the king thereof, and proceed to execute the
law," (the "common law" before mentioned,) "notwithstanding the same
letters._ And that ye shall do and procure the profit of the king and of
his crown, with all things where ye may reasonably do the same. And in
case ye be from henceforth found in default in any of the points
aforesaid, ye shall be at the king's will of body, lands, and goods,
thereof to be done as shall please him, as God you help and all
saints."--_18 Edward III._, st. 4. (1344.)]
[Footnote 61: That the terms "_Law_" and "_Right_," as used in this
statute, mean the _common law_, is shown by the preamble, which declares
the motive of the statute to be that "_the Law of the Land, (the common
law,) which we (the king) by our oath are bound to maintain_," may be
the better kept, &c.]
[Footnote 62: The following is a copy of the original:
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account